Legal Opinion

Johnson v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided May 19, 2011PublishedCited by 6 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

An inmate reported to correction officials that petitioner forced him to engage in sexual acts. As a result, petitioner was charged in a misbehavior report with soliciting sexual acts and having physical contact with another inmate. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing. The determination was later affirmed…

2Cases cited4 opinions

  1. Retamozzo v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2006
  2. Cunningham v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  3. Sanders v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
  4. Howard v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by6 opinions

  1. Cruz v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Carrasco v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Spencer v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Gallagher v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012
  5. Matter of Harrison v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017

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